On Monday morning, the High Court of Aruba (Corte Superior) reviewed the Prosecutor General’s (PG) protest against the appeal filed by former Minister Plenipotentiary Guilfred Besaril.
The appeal followed Besaril’s June 13, 2025 conviction, where the court sentenced him to 20 months in prison, with 10 months suspended and three years of probation. In addition, he was ordered to repay 138,688 Aruban florins or face one year in prison if the payment was not made.
During the hearing, the three-judge panel focused on whether Besaril’s appeal was submitted within the legal timeframe. The Prosecutor General argued that the appeal was inadmissible because it was filed late. The PG explained that according to the law, an appeal must be filed within 14 days after the verdict — meaning the deadline was June 27, 2025.
Although Besaril’s lawyer, Mr. Canwood, emailed the notice of appeal to the court clerk (Griffie) on that same day, the PG maintained that it was sent after office hours, making it legally late. The PG also referred to past rulings by the Supreme Court (Hoge Raad) confirming that appeals submitted after business hours are not valid.
Mr. Canwood countered by stating that the appeal was filed in time and that the law allows appeals to be submitted via email, even if the formal acknowledgment comes the next business day.
After deliberation, the High Court ruled that the appeal was not admissible, as it did not meet the legal filing deadline. However, the court noted that Mr. Canwood may appeal the ruling to the Court of Cassation in the Netherlands, which has final authority in such cases.
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